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Full-Text Articles in Law

The Internet, Prostitution, And Rape: Can Taking Prostitution “Indoors” Mitigate Social Harms?, Maryssa Brogis Jun 2016

The Internet, Prostitution, And Rape: Can Taking Prostitution “Indoors” Mitigate Social Harms?, Maryssa Brogis

Honors Theses

Prostitution is often debated as an illegal activity that causes individual and social harms. This study uses feminist theories on prostitution in conjunction with econometric tools to find if prostitution can actually reduce social harms such as rape. Prostitution is a highly debated subject within feminist literature, as some believe prostitution is considered legitimate work, while others view prostitution as extremely harmful toward women and an act that perpetuates female submission. This econometric study adds to the feminist debate on prostitution by implementing the internet’s role in expanding the indoor market as a potential causal factor in the relationship between …


Nuclear Power Plant Policy Comparison Between The U.S. And Republic Of Korea, Vara Ha May 2016

Nuclear Power Plant Policy Comparison Between The U.S. And Republic Of Korea, Vara Ha

International Development, Community and Environment (IDCE)

Five years after the Fukushima accident, people and countries still argue about the opportunity costs of denuclearization. While nuclear power generation has safety and waste issues, it is carbon free. Climate change has created more pressure for greenhouse gas reduction, so a few countries have decided to maintain or even increase nuclear power generation. The United States ranks first for using nuclear power produced by electricity generation, while the Republic of Korea, the closest country in proximity to Japan, ranks fourth in countries that use nuclear power. In fact, Korea even rapidly increased nuclear business after the Fukushima accident. Despite …


Extending Graham's Interpretive Theory Into Common Law: A Multiple-Case Study, Chris Hayes Apr 2016

Extending Graham's Interpretive Theory Into Common Law: A Multiple-Case Study, Chris Hayes

Master of Studies in Law Research Papers Repository

What determines the outcome of judicial decisions? A traditional answer to this question is that it involves a complex application of rules derived from the reasons for judgment of analogous common law decisions and applicable statutes under the doctrine of stare decisis. This answer is problematic. One significant problem of this answer is its inability to explain the outcome of cases where the judgment does not appear to be based on these traditionally recognized sources. An alternative answer, provided by a particular field of legal scholarship, Legal Realism, posits that “other” factors make a significant impact on the outcome …


Schoolwide Services For Students That Attend Private Schools: A Policy Recommendation To The Every Student Succeeds Act, Dr Shandowlyon L. Hendricks-Williams Apr 2016

Schoolwide Services For Students That Attend Private Schools: A Policy Recommendation To The Every Student Succeeds Act, Dr Shandowlyon L. Hendricks-Williams

Dissertations

The Elementary and Secondary Education Act (ESEA) of 1965, reauthorized under the Every Student Succeeds Act (ESSA) of 2015, provides federal funding for equitable services to nonpublic school students, families and teachers. This act was signed by President Obama on December 10, 2015 and replaces No Child Left Behind (NCLB). As it relates to private schools, the reauthorization of ESEA mirrors NCLB in all areas but three: (1) set asides discontinued; (2) state appointed ombudsman; and (2) state as the provider of services. Upon reviewing the reauthorized law, I found an area that allows for inequitable services to students who …


Richard A. Posner: A Study In Judicial Entrepreneurship, Sean J. Shannon Feb 2016

Richard A. Posner: A Study In Judicial Entrepreneurship, Sean J. Shannon

Dissertations, Theses, and Capstone Projects

This dissertation analyzes the role of Richard Posner, one of the most prolific and innovative legal thinkers over the past forty years, as a judicial entrepreneur in his efforts to persuade the legal academy and judiciary to incorporate economic principles into the judicial decision making process in market and non-market areas of the law and legal discourse and thereby to re-examine the role of the judge. Though political scientists have explored the entrepreneurial activities of policy makers and political actors, they have given little attention to the role of judges as judicial entrepreneurs. This dissertation develops a comprehensive theoretical understanding …


Enhancing Judicial Institutions: Enhancing Economic Development, Stephane Alia Haisley Jan 2016

Enhancing Judicial Institutions: Enhancing Economic Development, Stephane Alia Haisley

Duke Law Master of Judicial Studies Theses

Since the 1980s, scholars and development banks have recognized the link between judicial institutions and economic growth. This thesis proposes to explore the role of judicial institutions in the performance of economies and questions whether enhancing judicial institutions can result in enhancing economic development in developing countries. Since the 1990s development banks have explored the role of judicial institutions in the quest for economic development. Both the World Bank and the International Monetary Fund (IMF) have done this through the pursuit of judicial reform efforts in countries with ailing economies. The focus has been on improving the efficiency of the …